« SebelumnyaLanjutkan »
Juris relating more or less closely to the same subject. I hope the Notes and the Index will obviate this disadvantage to some extent. I found it would be impossible, within the limits of a short book, to find room for a connected sketch of the whole Roman law of Sale, co-ordinating the chief texts, and filling up the gaps in these two titles. There are many foreign books written on this plan; and English readers may now be referred to Dr. Moyle's Contract of Sale in Roman Law, which appeared as the last sheets of this book were passing through the press.
The attempt at a comparative treatment of the civil and the common law is somewhat of a novelty, but it possesses obvious advantages both from an educational and a practical point of view. I have constantly referred to Pothier's Treatise on Sale, which is still a standard authority in our Courts, and has done more than any other book to give currency to the civil law in modern practice. To facilitate the comparison with English law, I have thought it worth while to print as an Appendix the Sale of Goods Bill, in the shape in which it was introduced in the House of Lords this year, embodying the amendments made in Committee in previous years.
This draft code is an ably executed condensation of the common law; and it may be anticipated, after the criticism it has already undergone, that it will receive legislative sanction in the near future without material alteration.
A desire has been expressed by some legal and public bodies that the Bill should be extended to Scotland, but this appears to be a proposal of doubtful expediency, under present circumstances. The application to Scotland of a Bill based exclusively on English case law, with a few saving clauses interjected, would be productive of more confusion than advantage. If the legitimate desire of the mercantile community for an assimilation of the law of sale in the two countries is to be given effect to in a satisfactory manner, it is essential that there should be adequate
inquiry and mature consideration before a consolidating statute is passed. There were two Commissions of Inquiry prior to the passing of the Mercantile Law Amendment Act of 1856, although the changes then in contemplation were not so farreaching, and it may be hoped that Parliament will not be more precipitate on the present occasion.
I am indebted to Professor Goudy for the suggestion of this book, and for much kind help while it passed through the press. I have also to thank Mr. W. GALBRAITH, W.S., who has been good enough to revise most of the proof sheets, and make several corrections. I have been greatly aided in the selection of English cases by the excellent commentary on the Sale of Goods Bill, lately published by His Honour Judge CHALMERS, the accomplished draughtsman of the Bill.
EDINBURGH, June 1892.